Delivery conditions
Delivery conditions
I. General
The following conditions will apply to all orders made via the website www.booster-gear.com
(hereinafter: the Website) as well as all other actions and legal actions with
CRYSTAL TRADING B.V. (hereinafter: Seller) and every natural or legal entity
who purchases items from Seller or who enters into an agreement or negotiations
with Seller (hereinafter: Buyer).
The suitability of certain general conditions of Buyer will be explicitly refused
by Seller.
Amendments or additions to these conditions may only be agreed to in writing.
In the case of inconsistency between the text of these conditions in the Dutch
language and those in another language, the Dutch version will be binding.
II. Offers
Offers (including estimates) are non-binding for Seller and only apply as an
invitation to Buyer to place an order. Offers are valid as long as stocks last.
An agreement is reached once the order confirmation has been sent by email to
Buyer.
Cancellation of the agreement by Buyer is not possible except in such cases
as is stated in articles 4 and 5 of these conditions.
Seller is entitled, within the scope of sales programmes, to determine a maximum
number for delivery of goods.
All models, samples or drawings by Seller, in whatever form, have been carefully
put together but are only an indication of the actual goods. If Buyer can show
that the delivered items deviate so much from the models, samples or drawings
that they can no longer in all fairness be expected to accept delivery, then
Buyer will be entitled to cancel the agreement without charge.
Buyer is entitled to unilaterally cancel the order without having to provide
a reason why within seven (7) working days after receipt of the goods. Buyer
must return the goods, at their own expense, within twenty (20) days of receiving
the cancellation statement. Should this not occur then Seller is entitled, to
appeal on their general right to defer, in accordance with article 6:52 of the
Dutch Civil Code. Consumer-Buyer is also bound to return the goods undamaged
and in the original packaging. Should a decrease in value occur because the
item has been used or damaged, contrary to what is stipulated above, then Seller
has the right to recover damages from Buyer for any losses incurred. Buyers
acting on behalf of a profession or company have no claim to the cancellation
rights as mentioned in this sub section.
III. Prices
Any prices listed on the website, in catalogues or advertised in any other
way are excluding VAT and are non-binding to Seller. The costs for postage and
packaging, import and export rights and excise duties, and all other applicable
levies and taxes in respect of the goods and the transport thereof will be at
the expense of Buyer.
Seller is not bound to their offer in the case of misprints or programme errors
or obvious mistakes in their catalogues, mailings or on the Website.
Upon entering into an agreement Seller is entitled to raise the agreed prices
in case of, amongst others but not limited to, increases or surcharges on shipment,
customs tariffs, prices for goods or raw materials, taxes, wages or social expenses,
interim raises or changes of the monetary proportion by Seller’s suppliers
or any other unforeseen circumstance which may influence prices. If Buyer does
not agree with the price amendment as stipulated in this sub section, then Buyer
is entitled to cancel the agreement without charge.
IV. Risks, Delivery and Delivery dates
The delivery will be delivered to the address as stipulated by Buyer at the
time of entering into the agreement and in keeping with Seller’s delivery
policy which in this case is (also) accessible. The risk will pass at the moment
when the goods ordered by Buyer have been handed over to the carrier by Seller.
Buyer is obliged to accept receipt of the goods at the time of delivery. Should
Buyer not, or not timely, accept the goods then Buyer shall, by right, be in
default without a proof of default being demanded.
An agreed delivery date is an indicative date unless Seller and Buyer have expressly
agreed otherwise in writing and cannot be regarded as fatal in accordance with
article 6:83 paragraph (a) of the Dutch Civil Code. Seller shall make an effort
to comply with the agreed delivery dates as much as possible. Should the delivery
date be exceeded then Buyer is not entitled to compensation. If no delivery
date has been agreed upon then Seller shall deliver the goods within a period
deemed reasonable by Seller.
V. Reservation of Ownership
Seller retains the ownership, notwithstanding the actual delivery, of all goods
delivered or to be delivered to Buyer pursuant to any agreement up to the moment
of complete satisfaction, of all that Seller may claim in exchange from Buyer
among which the legal interest and costs of recovery are included.
If the laws of the country in which the goods were purchased has further possibilities
with regard to reserving ownership than those mentioned in sub section 1 above,
then it applies between the parties that these further possibilities are expected
to have been agreed upon in respect of Seller on the understanding that when
it is not possible to objectively determine on which further possibilities the
agreement relates to, then that which is stipulated in sub section 1 will apply.
If, and as long as, Seller is owner of the goods, Seller shall immediately inform
Buyer in writing if the goods, or even part of them, are lost or damaged, or
the goods have been confiscated and/or any other claim is made on (part of)
the goods.
Buyer may not, before ownership has been transferred, tax, sell, deliver, alienate
or in any other way damage the goods.
VI. Payment
Payment will take place in (one of) the ways as indicated during the order
process, for example by credit card or iDEAL. Orders via the Website may require
further (payment/order) conditions. In respect of payments made by bank or giro,
the date of payment will be the date that the credit entry is made to the giro
or bank account of Seller. All of these payment possibilities may only be used
if the conditions of such methods have been met, among which a control of creditworthiness
of the potential Buyer.
In case Seller has agreed upon a term of payment with Buyer, then Buyer will
be considered to be in breach if this term expires. The terms of payment may
only be agreed upon in writing.
All amounts due by Buyer must be paid in full without discount or deduction.
Should Buyer not timely pay any amount due, then Buyer is legally in breach
of the agreement, without any proof of default being demanded, and will be indebted
to Seller directly demanded delayed interest which is equal to the legal interest.
This in accordance with article 6:119 of the Dutch Civil Code, if Buyer is not
trading on behalf of a company or profession and legal commercial interest when
acting on behalf of a company or profession. Buyer is also indebted for a directly
demandable delayed compensation of 15% of the total amount due, with a minimum
of Euro 150,- unabated the right of Seller to full compensation from all extrajudicial
and judicial costs associated with the recovery and the payment of the full
amount due.
Every payment made by Buyer extends firstly to payment of the interest due and
secondly to payment of the costs involved with recovery. Only after payment
of these amounts has been made will any payment by Buyer be deducted from recoveries
still outstanding from the main amount.
Any objection to invoices, specifications, descriptions and prices must be made
in writing to Seller within 8 days of the invoice date. If this does not occur
then Buyer is deemed to be in full agreement with the invoice.
VII. Intellectual Property
Buyer explicitly acknowledges that all intellectual property rights, information
provided, announcements or other statements related to the goods or the Website
lies with Seller, Seller’s suppliers or other entitled parties.
Buyer guarantees not to infringe (nor allow or make it feasible for third parties
to infringe) the intellectual property rights of Seller or Seller’s suppliers,
in relation to the goods, for example by copying the goods, revising the goods
or trying to imitate the goods.
If Seller makes goods or allows goods to be made at the specific order of Buyer
based on a design which does not originate from Seller, then Buyer protects
Seller from any claims from third parties with regard to all infringements in
respect of (the manufacture and use of) the goods on intellectual property rights
of third parties.
VIII. Claims, Guarantees and Dissolution
Claims will mean all grievances of Buyer with regard to the amount, quality
and/or soundness of the delivered goods. The delivered goods will only be deemed
to be unreliable if Buyer can prove that the goods do not comply with the legal
quality demands which existed for these goods upon entering into the contract
and do not answer to the specifically agreed specifications and/or are not suitable
for use, that was specifically mentioned by Buyer before or during the entering
into of the agreement or which seems unmistakable to the nature of the matter.
Buyer is obliged to thoroughly inspect the goods immediately upon receipt of
the goods. All claims must take place in writing within 2 months of discovery
of the flaw. If claims are not submitted timely as referred to in this sub section,
the result hereof will be that Buyer will lose all rights and authorities, to
which they are entitled, on the basis of the aforementioned faults in sub section
1 of this article.
Buyer has no right to object in respect of the goods on which Seller cannot
control the claims. Buyer is not permitted to return the goods until Seller
has agreed to this in writing. The costs of returning the goods are at the expense
of Buyer and the goods remain at Bayer’s own risk. Buyer may not make
a claim in respect of claims regarding faulty goods against Seller as long as
Buyer has not fulfilled any obligation arising from the agreement entered into
with Seller.
If claims are made timely, correctly and in agreement with this article and
Seller is satisfied that the goods are faulty, then Seller shall have the option
to send a new delivery free of charge in exchange for the return of apparently
faulty goods, whether it be to repair the goods concerned, to jointly agree
with Buyer to offer a discount on the purchase price, or to partially or wholly
dissolve the agreement in respect of the faulty goods. By satisfying one of
the aforementioned options then Seller will have fulfilled their obligations
and shall have no further obligations for any further compensation. If Seller
delivers goods to Buyer, which Seller has obtained from their suppliers, then
Seller is never obliged to a further guarantee or liability in respect of Buyer
than that which Seller can claim from their supplier.
IX. Liability
1.Seller’s liability is restricted to fulfilling the obligations as described in sub section 4 of the previous article. Any further liability for direct damages suffered by Buyer is out of the question. “Direct damages” shall only mean:
a. the reasonable costs which Buyer would incur in order to meet Seller’s performance on the agreement; this loss will not be refunded in the case that Buyer dissolves the agreement.
b. reasonable costs made for settlement or restriction of the cause and scope of the damages, insofar as the settlement refers to direct damages as set forth in this paragraph.
c. reasonable costs, made in order to prevent or restrict damages, insofar
as Buyer can prove that
these costs have led to restriction of direct damages as set forth in this paragraph.
2.Seller’s liability for damages incurred indirectly by Buyer, also including consequential damages, immaterial damages, company or environmental damages, loss of profit, missed savings, damages caused by company stagnation and all other items of loss not mentioned in the aforementioned sub section 1 of this article are out of the question.
3. If Seller, notwithstanding where appropriate, based on that which is stipulated in paragraph 1 of this article is not bound to compensate any damages, then the compensation per event, or series of events, with a similar cause are never higher than the amount equal to the value of the invoice, excluding VAT, of the relevant goods.
4. The liability restrictions referred to in sub sections 1 to 3 will not be relevant in case the relevant damages are caused intentionally or by recklessness on the part of Seller or their highest managerial personnel.
5. Liability restricting, exclusive or determined conditions which could be
objected to Seller by third parties
could also be object to Buyer by Seller.
X. Force Majeure
In the case of force majeure Seller has the right to defer the delivery of
goods or to wholly or partially dissolve the agreement. Buyer, in that case,
will not be entitled to any compensation.
Force majeure will mean every shortcoming which cannot be assigned to Seller
because Seller is not to blame for their debt, neither by virtue of the law,
legal action nor any associated valid conception.
XI. Dissolvement
In case Buyer does not, not timely or not completely comply with any obligation
in the agreement made with Seller, or Buyer is declared bankrupt, files for
bankruptcy or it is filed on Buyer’s behalf, applies for a (temporary)
suspension of payment, is liquidated, as well as when Buyer’s capital
is wholly or partially seized, then Seller is obliged to immediately dissolve
every agreement with Buyer in writing, irregardless of Seller’s rights
derived from these conditions, agreements or law against Buyer, including the
right to (complete) compensation.
XII. Seller’s obligation to provide information
Seller will ensure that these conditions will be handed over to Buyer before
or during the conclusion of the agreement, although not electronically. Buyer
is responsible for saving and printing these conditions and the agreement, if
required, by means of the Website, in Buyer’s browser or other available
facilities and for the accessibility of the saved copy.
Buyer provides the following information via their website:
a. name, address details and registration at the Chamber of Commerce;
b. the most important references of the matter;
c. the price including all taxes;
d. the means of delivery and payment;
e. delivery costs;
f. the address where Buyer can write a complaint to, which address is expected to be the same as mentioned in sub section a above, unless otherwise state on the Website.
3. Buyer points out explicitly that Buyer is entitled to dissolution or annulment possibilities if Seller does not comply with the legal information obligations mentioned. Every eventual specific dissolution or annulment of Buyer on the grounds of the violation of information obligations by Seller must be carried out within fourteen (14) working days after the realization of the agreement, unless otherwise stipulated by law. Buyers acting for or on behalf of a company or profession may not claim for dissolution or annulment as stipulated in this sub section.
XIII. Privacy
Buyer is expected to have read the privacy statement of Seller (which is also
accessible here) and to agree to the processing of their personal data as described
herein.
Buyer is aware that Seller will process their personal data, including details
regarding Buyer’s activities on the Website, such as web pages visited,
the length of time spent on different parts of the Website, the internet address
of Buyer’s Website and the items which Buyer purchased. Seller will save
these details in a data bank which will be used to carry out the agreement,
also including measures to improve the service to Buyer and providing Buyer
with information or special offers.
XIV. Applicable law and competent judge
1. In the agreement, Dutch law will apply with exception for the United Nations Treaty in respect of international purchase agreements with regard to moveable property. The competent judge is exclusively qualified to deal with all disputes relating to offers from or deliveries by and agreements with Seller, in accordance with the general competency regulations. If Buyer has its place of residence outside of the Netherlands, then only the judge in Amsterdam is competent in deciding in disputes as referred to in this subsection.
PRIVACY POLICY
Introduction
This is the privacy statement of Crystal Trading (“Crystal”). In this statement we explain how we deal with personal details received via the website. Our information is registered at the College for the protection of personal details under number 1349219.
Accumulated data
If you register for this website, order something or reserve something or if you take part in a competition or questionnaire on this website you will be asked to provide us with your name, address, bank and payment details. This data will be used for the following purposes:
- providing our services and the invoicing thereof;
- dealing with your order and the processing thereof;
- making enquiries about our own products and services and those of others based on your personally selected choices. If you do not require this information then you may note this on your personal page or you may contact our customer service desk (see contact form);
- passing on data to third parties based on legal obligations.
We may also ask you to provide us with details regarding your work, function, age and interests. We use these details to provide us with a better insight into our customers and to improve our services and develop and amend our website in accordance with your personal preferences.
Finally, we record information (amongst other the IP-address used) with a view to compiling user statistics as well as for the protection of our website.
Cookies
We use cookies on our website which will be saved on your computer by your browser. Cookies will be used during the order process in order to save information regarding your order. Cookies will also be used to save information (such as the instalments of your PC and your preferences) to ensure that a future visit by you to our site will run more smoothly. This information does not contain any name or address details or any other personal data such as credit card details which have been provided to us. You can install your browser in such a way that you do not receive any cookies while visiting our website. In this case, it may be possible that you do not have access to all possibilities offered by our website or that you have restricted access to certain parts of our website.
Transfer of business
By further growth or development of Crystal Trading it may occur that one or more parts or activities of the business will be passed on to third parties. In this case, our customer’s data will also be passed on.
Passing on information to countries outside the EU
For technical and operation reasons it may be necessary that we pass on your data to (servers of) our allied businesses in the United States or other countries outside of Europe where the rules in the area of privacy protection may not offer the same protection as the rules within the EU. We shall always take necessary precautions to ensure that your data is protected as much as possible.
Protection of personal data
Crystal shall take adequate technical and organizational precautions to protect your personal data against unwanted or unwarranted destruction or unintentional loss, change, illegal notice or access, especially when it is necessary for data processing to send data via a network, or any other illegal form of processing.
Inspection and improvement of your data
You can always view, and if necessary change, your personal data on your personal page ‘My Profile’. If you would like to know which data we have recorded about you or if you would like to change your data, then you can contact our customer service desk (see contact form).
Changes
This privacy statement can be changed. These changes will be announced on this webpage.
Questions
Should you have any questions regarding this privacy statement, please send an email to our customer service desk (see contact form).
Deliveries
Delivery from the Netherlands:
Items ordered which are in stock will be delivered in the Netherlands by TNT
within 3-5 working days.
If your order, for whatever reason, is not in stock then we shall inform you
of this by sending an email to the email address provided by you.
Delivery outside the Netherlands:
Your order will be delivered within 4 to 10 working days (depending on the
destination).
If your order, for whatever reason, is not in stock then we shall inform you
of this by sending an email to the email address provided by you.
DISCLAIMER
Disclaimer Crystal Trading B.V.
Crystal Trading B.V. (hereinafter: ‘Crystal’) devotes the greatest possible care to the reliability and actuality of the data on this website. Irregularities and incompleteness may occur.
Crystal is not responsible for damages as a result of irregularities or incompleteness in the information provided. Nor is Crystal responsible for damages arising from problems caused by or inherent to the provision of information via internet, such as breakdown or disturbances, or mistakes or delay in the provision of information or services by Crystal or by you to Crystal by means of this website of otherwise electronically.
Crystal is also not responsible for eventual damages caused as a result of the use of data, advice or ideas provide by or on behalf of Crystal via this website.
Crystal does not accept any responsibility for the contents of websites for which there is a hyperlink or any other link from Crystal’s website. The information placed on this website which originates from third parties, for example information about providers of products or services, provides only the personal opinion of the provider concerned. Crystal is in no way responsible for the contents hereof.
Crystal does not guarantee that emails or other electronic messages sent to them from this website will be received or processed timely and does not accept any responsibility for consequences deriving from late receipt of the emails or the processing thereof.
The information, text, pictures, photo’s and illustrations on this website and the design of this website (hereinafter: ‘the Data’), for which substantial investment has been made, are protected under copyright, data bank law and other applicable legal regulations. Except for legal exemptions, nothing on this site may be multiplied (including ‘framing’), provided to third parties or made public without the prior permission of Crystal. The requesting and viewing of the Data and printing for individual use is only permissible within the indicated boundaries of our applicable general terms and conditions and/or the applicable legal regulations.
To introduce a hyperlink to (any page on) this website you must first acquire the prior written approval of Crystal.
The word and image brands on this website are belonging to Crystal and their licensors. It is not permissible to put one or more of these brands or logo’s on your own website or to use in any other way without the prior consent of Crystal or their licensors.
COLOFON:
Intellectual property statement
The information, text, pictures, photo’s and illustrations on this website and the design of this website (hereinafter: ‘the Data’), for which substantial investment has been made, are protected under copyright, data bank law and other applicable legal regulations. Except for legal exemptions, nothing on this site may be multiplied (including ‘framing’), provided to third parties or made public without the previous permission of Crystal. The requesting and viewing of the Data and printing for individual use is only permissible within the indicated boundaries of our applicable general terms and conditions and/or the applicable legal regulations.
To introduce a hyperlink to (any page on) this website you must first acquire the prior written approval of Crystal.
This permission will be provided unless the content, emission or reputation of the guest site is not compatible with the name and reputation of Crystal, Crystal’s services and products or the content of Crystal’s website.
The word and image brands on this website are belonging to Crystal and their
licensors. It is not permissible to put one or more of these brands or logo’s
on your own website or to use in any other way without the prior consent of
Crystal or their licensors.